Disability Discrimination Act 1995

Valid from 01/12/2003

4H Occupational pension schemes: duty to make adjustments E+W+S

 

(1) Where—

(a) a provision, criterion or practice (including a scheme rule) applied by or onbehalf of the trustees or managers of an occupational pension scheme, or

(b) any physical feature of premises occupied by the trustees or managers,

places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).

(3) Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know—

(a) that the disabled person is a relevant disabled person; or

(b) that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

Extent Information

E1 This section extends to England and Wales and Scotland only; a separate s. 4H exists for Northern Ireland only.

Modifications etc. (not altering text)

C1 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}